why I ought'a ...
Posted on 07/08/2008 1:21:49 PM PDT by neverdem
Walt Disney World fired a security guard on Monday after he protested the company's decision not to allow people with concealed weapons permits to keep guns in their cars on Disney property.
Disney terminated Edwin Sotomayor, 36, of Orlando for violating three Disney employee policies, essentially for failing to cooperate with an internal investigation, said spokeswoman Zoraya Suarez. Sotomayor vowed to continue his fight.
At issue is Florida's new law that allows people with concealed weapons permits to keep firearms in their vehicles in employee parking lots.
Disney advised its employees late last month that the theme-park resort is exempt from that state law, and that they may not bring firearms onto the property. Disney stated that its gun policy is based on safety concerns for visitors and employees.
Sotomayor alerted local media last week that he intended to challenge Disney's claim of an exemption to the new law by bringing a gun to work, locked in his vehicle. When he showed up for work at Disney's Animal Kingdom on Friday, he declined to let Disney authorities search his car. Disney suspended him pending an investigation, then fired him Monday...
(Excerpt) Read more at orlandosentinel.com ...
Does anyone in Florida know the basis for this claim?
Is there really an exemption in the law, or is Disney just thinking they can outlast challengers in the courts?
No 3191 18.1%
I like cheese* 154 0.9%
*"I don't know" <--sheesh!
Disney has a lot of clout in Florida...should be interesting to see how this plays out.
No vacation dollars for Disney from my family.
I bet old Walt Disney must be spinning in his grave thinking what the lefties have done to his company.
With the recent Heller USSC decision, I wonder if this guy can sue Disney for violating his civil rights.
florida state law says then can. until disney is granted special circumstances to prevent it then they have to abide by the same state laws as everyone else. for to long disney has been calling their own shots. its time to play by the rules. what i do understand though is that this employee was fired before the new law went into effect. i would say he should have kept his mouth shut until the law went into effect then protested. i think his case may have had more strength.
Does Disney attempt to disarm its patrons ?
What other State laws is the Mouse exempt from?
Really? I’ve always heard it’s nothing but a Mickey Mouse operation.
Apparently the 4th Amendment is also an exemption on Disney property.
I carry all the time.
Who knows...I just know Disney is granted a lot of leeway because of the tourist money they bring in.
They should simply ignore this nonsense.
Theres an exemption for certain types of companies. Companies that manufacture explosives, schools and a few other things are exempt.
Disney is saying because they have a lot of fireworks that they are exempt.
From a Miami Herald article:
However, the bill states that property owned or leased by an employer who has a permit required by federal law to manufacture, use, store or move explosives would still be off limits. Disney has a permit for its fireworks shows.The loophole was lobbied for by a group of lawyers that represented groups and businesses that included Disney, The Orlando Sentinel reports.
Shannon McAleavey, Disney World Vice President of Public Affairs, said in the memo that, with some exceptions, ``this law does not apply to Walt Disney World Co. owned and leased properties.''
All of the parks prohibit their customers from carrying weapons. They search purses and sometimes fanny packs but don’t do pat downs. So if you have one in your pocket you are very unlikely to be searched.
However if they find you carrying inside the park they will charge you with trespass. In florida armed trespass is a felony.
So, yea, Disney is right to be concerned. On the other hand, Disney is wrong to deny their employees the right to carry guns on their way to and from work which is what they're doing with this parking lot deal.
A reasonable thing to do would be for Disey to build a "gun safe room" in the employee preparation area. That way they could bring their guns into the room, and out of their cars, and have them safely locked up during the day.
In the meantime the affected employees should take Disney to court for engaging in a conspiracy to deny them their civil rights.
At every park's entrance.
From what i read of the Fla. statutes, The House of Mouse doesn’t qualify as an exemption. What, do they think they’re below the law??
Should Disney employees with concealed-weapons permits be allowed to keep their guns in their cars while at work?
Yes.
All other employees are able to. (14462 responses) ...81.1%
http://www.orlandosentinel.com/business/orl-guns-disney-poll-070208,0,431434,post.poll
It would be reasonable for Disney to provide security so their employees have a safe working environment. Its not reasonable to restrict a law abiding persons rights on the grounds someone else may break the law.
Seriously folks, if someone is going to commit murder at work does anyone actually think they will worry about breaking the no gun at work rule.
its not about work place safety, its about perceived liability issues and control.
“...keep guns in their cars on Disney property.”
I agree . I refuse to submit myself to situations where someone requires me to disarm then has neither the duty nor capability to protect me . Since I retired I no longer fly commercial for this same reason .
Aha! The stealth exemption.
Had Disney tried for an clause that was clearly granting themselves an exemption, it would not have passed. But, they apparently realized they could sneak this one in. And they were right.
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It’s the happiest place on Earth!
Apparently Disney Corp thinks they are exempt from the Constitution too.
Disney claimed they are exempt because they have fireworks on property. Way away from his car in the parking lot. He works in security, he already holds a position of “authority” (as opposed to being a soda jerk).
Some suspect that Disney lobbying efforts may have gotten the “exemption” into the law.
Florida legislature disagrees with you. They find that the car belongs to the man driving it and that he should not have to surrender his commuting safety to comply with Disney policy.
“No vacation dollars for Disney from my family.”
same here! now the terrorist know where an easy target is.
10/6/2007
A Tulsa federal judge has ruled against the state in its attempt to make sure employees can take guns onto their employers' property.
U.S. District Judge Terence Kern issued a permanent injunction against an Oklahoma law that would have kept employers from banning firearms at the workplace under certain conditions.
Kern decided in a 93-page written order issued Thursday that the amendments to the Oklahoma Firearms Act and the Oklahoma Self-Defense Act, which were to go into effect in 2004, conflict with a federal law meant to protect employees at their jobs.
Whirlpool Corp. opted out of the Tulsa lawsuit in November 2004, and the Williams Cos. and ConocoPhillips took over as the primary plaintiffs.
Williams later dropped out of the lawsuit, leaving ConocoPhillips, which is based in Houston but employs more than 3,000 people in Oklahoma, to carry on with the case.
Tulsa attorney Steve Broussard, representing ConocoPhillips, said Friday that the company is pleased with the ruling.
Kern concluded that the proposed changes to Oklahoma law conflict with -- and are legally pre-empted by -- the 1970 Occupational Health and Safety Act.
That federal law requires employers to lessen hazards in their workplaces that could lead to death or serious bodily harm. The measure also encourages employers to prevent gun-related workplace injuries.
According to Kern's opinion, Alaska, Kansas, Minnesota and Kentucky have passed similar laws, while 13 states have rejected such measures.
Meanwhile, the National Rifle Association has embarked on a state-by-state campaign to get legislatures to enact laws that require employers to allow their workers to bring guns onto company parking lots.
"When you get off work at 12 o'clock or 1 o'clock and you're driving home, you have the right to protect yourself if you're accosted on the highway," Wayne LaPierre, the NRA's executive vice president has said.
The amendments to Oklahoma law were made after forest products giant Weyerhauser Corp. fired eight employees in 2002 when guns were found in their cars on company lots in Oklahoma. Federal courts later upheld the firings.
Will Heller affect these rulings made in 2007 and before?
Which is why I never buy Conoco gasoline. And I drive a lot.
However if they find you carrying inside the park they will charge you with trespass.
Federal Judicial Service:
Judge, U. S. District Court, Northern District of Oklahoma
Nominated by William J. Clinton on March 9, 1994, Confirmed by the Senate on June 8, 1994.
The Legacy of the Clinton's.
I figured as much.
The exemption is supposed to be for highly explosive industries. Disney claims they qualify because they obtained a permit because they have such a large amount of fireworks stored on the property. Apparently since they have the permit, they do technically qualify, although the law wasn’t meant for their type of exemption.
Woof !
I think the law also states that the reason for the exemption has to be the primary industry of the company in question.
Storing fireworks doesn’t cover Disney, IMHO.
Jiminy Crickets! Did they think he was going to do something Goofy?
AOL uses explosives?
AOL Can Fire Gun-Owning Employees
3 employees of AOL fired September 2000.
Posted on Friday, July 23, 2004 8:56:58 PM
http://www.freerepublic.com/focus/f-news/1177470/posts
However, the bill states that property owned or leased by an employer who has a permit required by federal law to manufacture, use, store or move explosives would still be off limits. Disney has a permit for its fireworks shows.
“(6) exceptions.—the prohibitions in subsection (2) do not apply to:...
(d) property owned or leased by an employer or the landlord of an employer upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law.”
Disney is not in the fireworks making or warehousing business. This was intended to apply to oil refineries, fuel tank farms, and ammunition manufacturers.
Following Disney’s logic, any business with a can of gasoline or solvent would be exempt.
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